RESOLUTION 99-177 - RESOLUTION IN RECOGNITION OF MAY 16-22 AS "BUSINESS APPRECIATION WEEK": Mr. Booker read the Resolution recognizing existing businesses and their contribution to the community. Mr. Burkett moved that the Resolution be adopted. The motion was seconded by Mr. Helms and carried unanimously.

MARION DOWNTOWN REVITALIZATION ASSOCIATION NATIONALLY RECOGNIZED FOR PERFORMANCE: Marion Downtown Revitalization Association has been recognized by the Virginia Main Street Program and the National Trust for Historic Preservation's Main Street Center. MDRA joins 225, nation wide, other such programs designated for high performance sta program development. Mayor Guy and Town Council expressed their appreciation to Mr. Heath and MDRA.

DOWNTOWN! HOUSING COMMITTEE REPORT - JOHN MCGEE: No Report

STREETSCAPE PRESENTATION: Doug Covington and Scott Oakes, representing Dewberry and Davis, presented plans by phase on the Streetscape Project. They rendered a detailed plan for downtown upgrade including brick pavers, lighting, and sidewalk improvements.

METER REPLACEMENT-BID REVIEW: Mr. Hicks informed Council that bids have been received for water meter replacement. The apparent low bidder was HTAZ, Inc. of Roanoke in the amount of $87,120.50. All bidders were required to include performance bonds with their bids. Mr. Mutter moved that the contract be awarded to HTAZ, Inc. The motion was seconded by Dr. Gates and carried by a vote of 7 AYES AND 0 NOES. Mr. Burkett, Dr. Gates, Mr. Mutter, Mr. Price, Mr. Hendrick, Mr. Leaman and Mr. Helms voted affirmatively.

ACCOUNTS: Upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 7 AYES and 0 NOES, the accounts in the amount of $238,057.79 were approved for payment as presented. Mr. Leaman, Mr. Burkett, Mr. Helms, Mr. Mutter, Mr. Hendrick, Dr. Gates and Mr. Price voted affirmatively.

INVESTMENT REPORT: Upon motion of Dr. Gates, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, the Investment Report was accepted as presented. Mr. Helms, Mr. Mutter, Mr. Price, Mr. Leaman, Mr. Hendrick, Dr. Gates, and Mr. Burkett voted affirmatively.

RESOLUTION 99-176. A RESOLUTION FOR COMMUNITY ACTION WEEK: Mr. Booker read the Resolution to recognize the Town's existing businesses by proclaiming the week of May 16-22, 1999 "Business Appreciation Week". The Resolution was adopted upon motion of Mr. Helms, seconded by Mr. Mutter , and vote of 7 AYES and 0 NOES.

LINCOLN THEATRE - LEEANN PRESCOTT: LeeAnn Prescott, Managing Director of The Lincoln Theatre, Inc., informed Town Council that the Lincoln Theatre group is in danger of losing $50,000 in state funding earmarked for renovation of the theatre. A local match of $50,000 is required within the next ten (10) days, to receive a time extension from the Virginia Department of Historic Resources and retain the grant. These funds will be used to upgrade the existing mechanical systems (plumbing, electrical, etc.), determine structural stability and meet building codes and fire safety guidelines for occupancy. Ms. Prescott stated that substantial financial support from non-public sources is expected in the coming months and the Capital Campaign will be underway within 6 months. The request was on an emergency basis; if the Lincoln did not obtain the local match, the community would lose the State grant. The local match for next year's grant would come from their fund raising and she did not plan on making a similar request from the Town. Discussion ensued. Mr. Mutter stated that a lot has been accomplished by The Lincoln Theatre, Inc., under adverse conditions. He felt that if the Town did not contribute to boost the project, it may be the last chance to get it started. Mr. Helms stated that the StreetScape, business location, and renovation of The Lincoln Theatre should be tied together. Mr. Hendrick expressed concern that Town funds are limited and this project should not rely solely on funding from the Town. Funds should be solicited from the community and industry. Dr. Gates moved that the Town provide $50,000 in matching grant monies to The Lincoln Theatre, Inc. For building construction from Community Development Funds. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 1 ABSTENTION (Price).

FIRE STATION PARKING LOT: Alice Freeman addressed Town Council with concern that the parking lot behind the new fire station will be used as a general parking lot. She stated that it is her understanding that the BlueRidge Job Corps employees will use the parking lot. She had reservations that this is appropriate in a residential neighborhood and that BRJC has adequate parking available that is not being utilized. She also expressed concern that the rear of the lot would be used to enter and exit the property. Mr. Booker explained that the intent of the parking area was to relieve the chronic parking problem on Anderson Street and College Street. An offer had been made during construction that BRJC may use the lot. The lot will also be used to accommodate those individuals using the meeting rooms at the Fire Department in the evenings, training sessions for fire department personnel and that parking will not be detrimental to the neighborhood. Mr. Booker and members of Town Council added that the Strother Street entrance to the parking lot is for emergency use only and was not intended as exit or entrance on Strother Street. This matter was referred to the Building Committee for study and recommendation.

PROJECT CROSSROADS: Rev. Harry Howe requested a letter of support for Project Crossroads to accompany a funding application. He requested that the letter state that the Town of Marion would continue to work to remove barriers for low-income home ownership. Currently the Town has granted tap fees free of change for homes renovated or built under this program. Mr. Helms moved that the Town staff prepare a letter of support for Project Crossroads that the Town will continue to support the project requests on an individual basis. The motion was seconded by Mr. Leaman and carried unanimously.

RETIREMENT- SUPPORT FOR LEOS PROGRAM FOR POLICE OFFICERS: Rev. Jim Bangle, Chaplain for the Marion Police Department stated that he has been involved with these dedicated employees for 15 years. He stated that this retirement program is an opportunity to show support for the Marion Police Officers. He has found this to be a very stressful job and a chance to invest in the Town's employees. The Marion Police Department should not be a training ground for our officers to move onto somewhere else because of the benefits. Rev. Bangle stated that he was not speaking for the Police Officers but was speaking as their Chaplain and a citizen of the Town of Marion.

NOISE ORDINANCE: Don Roland, Lynn Street resident, complained of noise in the area of Lynn Street, Veterans Street and Keller Lane. He informed Council members that noise from vehicle radios and stereos is unbearable in the evening. He presented a petition signed by 11 residents of the area. Chief Overbay and Attorney Mark Fenyk will review the Noise Ordinance.

CERTIFICATE OF APPRECIATION: Steve Holloway, Executive Director of Smyth County Chamber of Commerce, presented the Town with a Certificate of appreciation signed by Governor James S. Gilmore, III and John Paul Woodley, Jr., Secretary of Natural Resources for the Commonwealth for the Town's participation in Operation Spruce Up.

BUILDING COMMITTEE - REVIEW OF MUNICIPAL BUILDING RENOVATION BIDS: Mr. Booker advised that the low bidder and architect have met and discussed a change in lighting fixtures to reduce the cost $15,000 and all bid qualifications have been met. Dr. Gates stated that the Police Department has moved to Park Street and renovations will no longer be needed at the former Police Department and that the Town has been under an ADA Mandate for several years. Dr. Gates moved that Town Council accept the low bid, with changes in lighting fixtures. Cost to be $566,519. The motion was seconded by Mr. Mutter and carried by a vote of 7 AYES and 0 NOES. Mr. Mutter, Dr. Gates, Mr. Hendrick, Mr. Leaman, Mr. Price, Mr. Burkett and Mr. Helms voted affirmatively.

INSURANCE COMMITTEE-REVIEW OF RETIREMENT ISSUES: Mr. Burkett reported that the Insurance Committee has met and has no recommendation on the issue of allowing employees to retire on the recently passed 50/30 retirement plan or participation in the LEOS plan for police officers. He suggested that this matter be considered during the budget process. Discussion ensued. Mr. Leaman stated that these are benefits that would benefit all employees. The Law Enforcement Officers would be eligible for full retirement at age 50 with 25 years service with a state funded supplement effective 7/1/99. All other employees would be eligible for full retirement at age 50 with 30 years service. This would allow employees to retire 5 years earlier than the current VRS plan allows. Mr. Mutter felt that the Town and officers will benefit from the LEOS plan. As older officers retire, they would likely be replaced with younger, healthier officers. Thus reducing sick time and probably worker's compensation claims. Mr. Helms was cautious to the future funding of these benefits. Mr. Price moved that the Town accept the Virginia Retirement System Law Enforcement Officers plan for the sworn officers at the Marion Police Department and the 50/30 plan for all other salaried employees of the Town of Marion. The motion was seconded by Mr. Mutter and carried by a vote of 7 AYES and 0 NOES. Mr. Leaman, Mr. Price, Mr. Mutter, Dr. Gates, Mr. Hendrick, Mr. Helms and Mr. Burkett voted affirmatively.

ORDINANCE COMMITTEE: Mr. Booker advised that the Norfolk Southern Railroad Company continues to sound the train whistle when traveling thru Marion. In April, the Town passed an Ordinance prohibiting train whistling from ____ until ___. The Town granted a grace period of April 30, 1999 to allow the railroad to make the necessary changes. Mr. Booker received a request from Bill Lewis, Trainmaster, for an extension. Mr. Booker advised that the request should be in writing stated how much time would be required and why. Correspondence was received from Mr. Dinkins of the railroad. Mr. Mutter noted that no good business reasons for extensions have been received. The Ordinance Committee recommended that the railroad be allowed an extension to 6/1/99 at midnight to comply with the Ordinance or provisions will be enforced. Dr. Gates moved that the Town accept the recommendation of the Ordinance Committee. The motion was seconded by Mr. Hendrick and carried unanimously.

STREET LIGHT REQUEST - HAMLET STREET: A request for a street light on Hamlet Street was referred to the Street Light Committee upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES.

REPORT ON STATUS OF EMERGENCY ALARM SYSTEMS-TOWN ATTORNEY: Town Attorney Mark Fenyk informed Council that he contacted Chief Deputy Kenny Lewis concerning this matter. Deputy Lewis advised that Mr. Whittaker is not a licensed contractor and the County intends to contact the licensing agency with regard to whom he is to be licensed. When Mr. Whittaker's temporary license expires, he will no longer be allowed to continue with the County. Smyth County contends that they must employ a licensed contractor and is not opposed to passing alarms thru 911. They (Smyth County) is not receiving payment for these services. All clients are paying Mr. Whittaker directly. Mr. Fenyk informed the County that the Town will enforce their contract for alarms as agreed upon.

VML TOWN SECTION - MAY 20, 1999 - MARTHA WASHINGTON INN: Council members were encouraged to attend.

PARKING LOT NEXT TO APPLETREE RESTAURANT: Mr. Price advised that signs at the location have been knocked down and mud is being tracked onto Highway 16. Mr. Booker stated that the owner is working in cooperation with the Town to install a "post" type fence. The owner will provide the materials and the Town staff will provide the labor.

WASSONA SEWER PROJECT: Mr. Hicks reported that this project is complete.

HENRY STREET WATER LINE - PRE BID: Mr. Hicks advised that the pre-bid conference for this project will be held 5/21/99.

HIGHWAY MAINTENANCE FUNDS: Mr. Hicks informed Council that there are enough funds available to begin another project. The proposed project is to eliminate a small bridge on Matson Drive and install two (2) large culverts across the Church of God parking lot.

TRAFFIC SIGNAL - MAIN STREET: Mr. Hicks stated that the signal system in from of the former Post Office was necessary when the Post Office was in operation. He suggested that a test be conducted to eliminate this traffic signal.

FOWLER STREET WIDENING PROJECT: Mr. Hicks advised that this project is expected to be construction by the end of May, 1999.

Pursuant to Va. Code Section 2.1-344 (A1) and upon motion of Mr. Hendrick, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, Council entered into Executive Session for the purpose of discussion of personnel matters. Upon motion of Mr. Hendrick, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, Council returned to regular session. Mr. Hendrick moved that it be known that only those matters lawfully exempted from open session were discussed during the Executive Session just concluded. The motion was seconded by Mr. Price and carried by a vote of 7 AYES and 0 NOES. Mr. Burkett, Mr. Price, Mr. Helms, Mr. Mutter, Mr. Leaman, Mr. Hendrick and Dr. Gates voted affirmatively.

Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.